Date: 02/19/2009

Final
BILL SUMMARY for HB09-1262

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Refer House Bill 09-1262 to the Committee of the WPASS



05:06 PM -- House Bill 09-1262

Representative Casso, prime sponsor, presented House Bill 09-1262 concerning the issuance of a summons instead of an arrest warrant in certain circumstances. The bill allows a judge to issue a summons in lieu of an arrest warrant for a suspect in certain crimes without the consent of the prosecutor. The judge may not issue a summons if a law enforcement officer presents a written statement that the suspect presents a significant flight risk or if the safety of a victim or the public may be at risk.

05:09 PM -- Jeanne Smith, Colorado Division of Criminal Justice, spoke in support of the bill. Ms. Smith is a member of the Colorado Criminal and Juvenile Justice Commission, which is where this bill originated. She stated that the bill creates an affirmative presumption that a summons will be issued unless law enforcement can show just cause. The effect is that fewer people will be incarcerated in county jails. Ms. Smith responded to questions from the committee about her background.

05:12 PM -- Don Quick, Colorado District Attorneys Council, spoke in support of the bill. Mr. Quick explained that the bill makes changes with regard to class 4, 5, and 6 felonies. Instead of requiring the consent of prosecutors, the bill assumes that a summons will be issued unless the prosecutor can justify to the court that an arrest warrant is more appropriate. The change will help with the standardization of procedures and maximize county jail resources. He responded to questions from the committee about who is included in the term "law enforcement officer."

05:15 PM -- Doug Wilson, Colorado State Public Defender, spoke in support of the bill. Mr. Wilson stated that the bill protects public safety and allows the prosecution to provide a justification for an arrest warrant in the case of a flight risk.

05:16 PM -- Joe Pelle, County Sheriffs of Colorado, spoke in support of the bill. Sheriff Pelle reiterated testimony of previous witnesses.

BILL:HB09-1262
TIME: 05:17:00 PM
MOVED:Roberts
MOTION:Refer House Bill 09-1262 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:Waller
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
Yes
Miklosi
Yes
Pace
Excused
Roberts
Yes
Ryden
Yes
Waller
Yes
McCann
Yes
Levy
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS